Trade mark decision

BL Number

O/157/99

Decision date

4 June 1999

Hearing officer

Mr M Knight

Mark

SMOKY

Classes

34

Applicant

Efka-Werke Fritz Kiehn GmbH

Opponent

Imperial Tobacco Limited

Opposition

Section 3(1)(a); 3(1)(b); 3(1)(c); 3(1)(d) & 3(6)

Result

Section3(1)(a) - opposition failed

Section3(1)(a) - opposition failed

Section3(1)(b) - opposition partially successful

Section3(1)(b) - opposition partially successful

Section3(1)(c) - opposition partially successful

Section3(1)(c) - opposition partially successful

Section3(1)(d) - opposition partially successful

Section3(1)(d) - opposition partially successful

Section3(6) - opposition failed

Section3(6) - opposition failed

Points Of Interest

• None.

Summary

The Hearing Officer did not accept that the mark could not qualify as a trade mark under Section 1(1) and the objection under Section 3(1)(a) was therefore dismissed. The evidence and arguments having been principally directed towards Section 3(1)(c) the Hearing Officer next considered that aspect. He found that the word SMOKY could be needed by other traders to describe a characteristic of the goods and hence the Section 3(1)(c) objection was upheld. Turning to Sections 3(1)(b) and 3(1)(d) the Hearing Officer upheld the objections under these provisions also.

However, he noted that these objections did not apply to all the goods specified in the application and he therefore allowed an amendment of the specification, to remove the objectionable goods.

The Section 3(6) objection was dismissed as being insufficiently supported by the evidence.